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Public Finance Management Act, 1999 (Act No. 1 of 1999)

Chapter 5 : Departments and Constitutional Institutions

Part 3 : Other officials of departments and constitutional institutions

44. Assignment of powers and duties by accounting officers

 

a) in writing delegate any of the powers entrusted or delegated to the accounting officer in terms of this Act, to an official in that department, trading entity or constitutional institution; or
b) instruct any official in that department, trading entity or constitutional institution to perform any of the duties assigned to the accounting officer in terms of this Act.

 

(2) A delegation or instruction to an official in terms of subsection (1)-
(a) is subject to any limitations and conditions prescribed in terms of this Act or as the relevant treasury may impose;
(b) is subject to any limitations and conditions the accounting officer may impose;
(c) may either be to a specific individual or to the holder of a specific post in the relevant department, trading entity or constitutional institution; and
(d) does not divest the accounting officer of the responsibility concerning the exercise of the delegated power or the performance of the assigned duty.

 

(3) The accounting officer may confirm, vary or revoke any decision taken by an official as a result of a delegation or instruction in terms of subsection (1), subject to any rights that may have become vested as a consequence of the decision.